s 

332 

344 


BIENNIAL  MESSAGE 


GOVERNOR  OF  IDAHO, 


TO   THE   ELEVENTH   SESSION    OF   THE    LEGIS 
LA1TRE    OF    IDAHO    TFintlTORY. 


I50ISK  CITY.   IDAHO: 

IK.M    AT     IHK    STM»\I\\    OFFICE. 

1880. 


BIENNIAL  MESSAGE 


u 


H 


GOVERNOR  OF  IDAHO, 


TO    THE    ELEVENTH    SESSION    OF    THE    LEGIS- 
LATURE  OF   IDAHO   TERRITORY. 


BOISE  CITY.  IDAHO: 

PRINTED   AT   THE   STATESMAN   OFFICE. 

1880. 


MESSAGE, 


Gentlemen  of  the  Council  and  I  Tons?  of  Representatives  : 

Permit  me  to  cordially  welcome  yon  to  the  Capital,  and 
to  congratulate  you  that  you  meet  at  a  most  auspicious  period 
in  the  history  of  the  country.  Profound  peace  prevails 
everywhere  throughout  the  Nation,  and  there  exists  no  cause 
of  difference,  no  serious  complication  with  any  foreign  Power, 
while  universal  prosperity,  general  health  and  happiness  pre- 
vail to  an  extent  seldom,  if  ever,  before  known.  Appropriately 
acknowledging  the  Source  from  whence  spring  these  blessings, 
o£  let  us  earnestly  hope  that  all  causes  of  difference,  all  sectional 
divisions  heretofore  existing  among  us,  may  disappear,  and  be 
supplanted  by  an  era  of  good  feeling  and  unity  of  purpose, 
and  that  with  one  accord  all  the  people  may  press  forward  to 
fulfill  our  common  destinv. 

C«7  •- 

In  obedience  to  law,  and  in  accordance  to  custom,  I  pro- 
ceed to  lay  before  you  the  condition  of  the  affairs  of  the 
Territory,  and  to  recommend  the  adoption  of  such  measures 
as  seem  to  me  expedient  and  necessary. 

FINANCE. 

It  is  with  peculiar  satisfaction  that  I  find  myself  enabled 
to  present  a  statement  respecting  the  financial  affairs  of  the 
Territory,  highly  gratifying  and  assuring  in  most  respects. 


4  GOVERNOR  S    MESSAGE. 

The  total  assessed  value  of  all  the  real  and  personal  property 
in  the  Territory  has  increased  from  $4,520,800  in  1878,  to 
$6,408,089  in  1880. 

The  receipts  from  all  sources,  during  the  year  1879,  were 
$47,180.78.  The  receipts  up  to  October  1st  of  the  present 
year  were  $53,645.68,  which,  with  the  balance  remaining  in 
the  treasury  at  the  date  of  the  last  report — $7,270.07 — would 
make  the  total  receipts  $108,096.53  for  the  years  1879 
and  1880. 

The  disbursements  for  all  purposes — including  the  amount 
paid  in  the  redemption  of  outstanding  warrants  of  previous 
years — for  the  year  1879,  and  up  to  November  10th,  1880, 
were  $93,086.59,  leaving  a  balance  in  the  treasury,  at  that 
date,  of  $15,009.94.  The  Treasurer  estimates  the  receipts  for 
the  quarter  ending  December  31st,  1880,  at  $25,000.00,  and 
the  ordinary  disbursements  for  the  same  period  at  $5,400.00, 
leaving  an  estimated  balance  in  the  treasury  at  the  close  of  the 
year,  including  the  amount  on  hand  November  10th,  of 
$34,609.94. 

There  are,  however,  warrants  outstanding  against  the 
treasury,  amounting,  with  accrued  interest,  to  §15,159.90,  and 
also  the  item  of  $3,972.75,  interest  on  bonds — coupons  due 
Dec.  1st,  1880— making  a  total  floating  indebtedness  of 
$19,132.65.  With  the  close  of  the  present  year  it  is  confi- 
dently believed  the  sum  in  the  treasury  will  be  amply 
sufficient  to  discharge  this  indebtedness,  and  leave  a  balance 
remaining  to  the  credit  of  the  several  funds  of  over  $15,000.00. 
For  the  first  time  in  the  history  of  the  Territory  the  receipts 
are  likely  to  considerably  exceed  the  expenditures.  Happily, 
the  problem  so  often  confronted  by  your  predecessors  of 
devising  means  to  meet  current  expenses,  without  increasing 
the  rate  of  taxation,  does  not  present  itself  to  you. 

In  view  of  the  foregoing  statement,  it  is  obvious  that 
taxes  might  with  safety  be  measurably  reduced.  But,  inas- 
much as  the  Territory  is  burdened  with  a  bonded  indebtedness, 
amounting  to  $69,248.60,  provision  for  the  payment  of  which 


OOVERNOK  S    MESSAGE.  5 

must  ultimately  b&  made,  I  would  suggest  the  creation  of  a 
Siuking  Fund,  from  the  surplus  revenues  hereafter  arising, 
for  the  redemption  of  the  bonds  as  fast  as  they  mature.  It  is 
true  no  portion  of  this  debt  falls  due  prior  to  1885.  While 
it  might  be  entirely  safe  to  defer  making  provision  for  its 
liquidation  until  some  years  hence,  it  is  much  safer  and 
infinitely  wiser  to  do  so  now,  when  the  financial  condition  of 
the  Territory  fully  warrants  and  invites  such  action,  rather 
than  postpone  the  step,  in  the  hope  that  a  more  favorable  op- 
portunity will  arise  in  the  future.  By  maintaining  the  present 
rate  of  taxation,  which  is  neither  excessive  nor  burdensome, 
the  surplus  revenues  would,  in  a  few  years,  no  doubt,  amount 
to  a  sum  adequate  for  the  purpose. 

By  reducing  the  rate  of  taxation  you  would  necessitate 
your  immediate  successors  levying  a  special  tax  (which  is  al- 
ways an  unpleasant  duty)  for  the  payment  of  the  bonds  ma- 
turing in  1885.  Moreover,  reducing  the  rate  of  taxation 
might  result  in  reducing  the  revenues  to  a  point  where  they 
would  be  inadequate  to  meet  current  expenses. 

Without  submitting  any  special  plan  for  the  creation  of  a 
Sinking  Fund,  the  subject  is  recommended  for  your  considera- 
tion. 

While  the  financial  affairs  of  the  Territory  are  shown  to 
be  in  a  satisfactory  condition,  it  is  impossible  to  indicate  the 
state  of  affairs,  respecting  finances,  existing  in  the  different 
counties.  There  is  no  provision  of  law  requiring  local  author- 
ities to  report  to  the  Territorial  officers  in  relation  to  county  or 
other  local  indebtedness.  In  the  absence  of  such  information  it 
is  difficult  to  understand  how  this  body  can  legislate  intelligently 
upon  measures  affecting  the  welfare  of  the  various  counties,  or 
other  localities. 

Measures  should  be  at  once  adopted  requiring  county 
auditors  to  report  annually  to  the  Territorial  Comptroller  the 
precise  amount  and  nature  of  the  indebtedness  of  their  re- 
spective counties. 

The  laws  of  the  Territory  limit  the  amount  of  taxes  that 


0  GOVERNOR  S    MESSAGE. 

may  be  levied  annually  for  county  purposes,  but  there  is  no 
limitation  to  the  amount  of  debt  for  a  single  purpose,  or  the 
total  amount  for  all  purposes,  which  local  authorities  may  con- 
tract. The  ease  with  which  county  boards  are  induced  to 
authorize  large  expenditures,  suggests  the  wisdom  of  placing 
some  restrictions  upon  the  power  to  incur  debt.  The  amount 
of  debt  which  any  local  authority  may  contract,  should  be  lim- 
ited to  a  certain  percentage  of  the  taxable  property  of  such  lo- 
cality. Another  mode  of  restricting  the  abuse  of  the  powers 
of  taxation  and  of  incurring  debt,  would  be  the  adoption  of  a 
general  provision,  requiring  that  all  extraordinary  expendi- 
tures should  have  the  approval  of  those  who  are  to  bear  their 
burden.  All  such  propositions  should  be  submitted  to  a  vote 
of  the  people,  and  no  tax  be  levied  unless  approved  by  a  ma-« 
jority  of  all  the  voters  of  the  locality  to  be  affected  by  the  tax 
—  the  number  of  votes  to  be  determined  by  reference  to  the 
votes  cast  at  the  general,  election  next  preceding  such  special 
election. 

COMMON    SCHOOLS. 

The  common  school  system  of  the  United  States,  emana- 
ting from  the  Fathers,  and  afterwards  more  perfectly  estab- 
lished in  the  State  of  Xew  York  in  1812,  is  justly  regarded  as 
the  best  educational  system  in  the  world.  However,  it  cannot 
be  said  to  have  yet  reached  the  highest  perfection,  notwith- 
standing the  numerous  and  important  improvements  engrafted 
upon  the  original  plan— so  vast  is  the  sphere  it  is  destined  to 
fill.  In  the  future,  we  may  expect  to  see  the  mechanical  arts 
and  trades  and  every  branch  of  knowledge  valuable  in  practical 
life,  embraced  among  the  studies  taught  in  the  public  schools. 
That  we  are  largely  indebted  to  the  common  schools  for  the 
preservation  and  improvement  of  our  free  institutions,  there 
can  be  no  doubt ;  that  they  promote  the  welfare  and  improve 
the  morality  of  every  community  where  they  are  in  successful 
operation,  cannot  be  questioned,  and  that  crime  is  decreased  by 
their  establishment  and  maintenance,  is  a  proposition  easily 


GOVERNOR  S    MESSAGE.  i 

demonstrated.  It  is  an  old  saying  that  for  every  dollar  ex- 
pended in  the  establishment  and  support  of  common  schools, 
two  are  saved  that  would  otherwise  have  been  spent  in  the 
prosecution  of  crime.  Therefore,  we  are  bound  by  considera- 
tions of  the  highest  patriotism,  by  proper  regard  for  the  wel- 
fare and  prosperity  of  the  Territory,  and  in  the  interest  of  a 
wise  economy,  to  encourage,  improve  and  extend  our  Terri- 
torial school  system. 

Our  experience  is  not  unlike  that  of  all  new  and  sparse^ 
settled  regions.  Our  public  schools  have  not,  as  yet,  accom- 
plished any  grand  results,  nor  have  they  reached  a  very  high 
degree  of  efficiency  and  usefulness;  still,  considering  the 
circumstances  of  the  people,  and  the  many  difficulties  with 
which  they  have  had  to  contend,  commendable  progress  has 
been  made,  and  there  is  every  reason  for  encouragement. 

In  1877  there  were  96  school  districts  in  the  Territor}' 
and  4,028  children  attending  the  public  schools.  The  number 
of  districts  reported  in  1880  is  149,  and  the  number  of  chil- 
dren in  attendance  6.698.  This  shows  that  the  interest  in  the 
subject  of  popular  education  is  growing,  and  we  may  confi- 
dently hope  that  the  time  .1  is  not  far  distant  when  the 
intelligence  of  the  people  will  demand,  and  the  wise  liberality 
of  our  legislators  accord,  the  means  of  placing  a  good  education 
within  the  reach  of  all. 

The  amount  raised  for  school  purposes  during  the  years 
1879  and  1880  was  $82,272.02.  The  collection  of  this  sum  was 
severely  felt  by  the  people,  yet  they  have  responded  generously 
and  without  complaint.  The  fund  has,  however,  been  insuf- 
ficient to  meet  the  demands  made  upon  it.  In  many  districts  the 
schools  have  been  open  for  only  a  few  weeks  or  months  of  the 
year,  and  in  many  instances  the  meagerness  of  the  salaries 
which  the  fund  would  justify,  has  resulted  in  securing  teachers 
wholly  incompetent  to  perform  the  important  work  expected  of 
them. 

The  weakest  spot  in  the  school  system  of  this  Territory  is 
the  existing  mode  of  Territorial  and  county  supervision.  The 


8  GOVERNOR'S  MESSAGE. 

Territorial  Comptroller  is  by  law  made  the  Superintendent  of 
Public  Schools.  For  this  extra  duty  he  receives  no  compensa- 
tion whatever.  While  it  may  be  said  with  truth  that  the  pres- 
ent incumbent  has  discharged  the  duties  with  ability  and  fidel- 
ity, it  is  not,  and  cannot  be  expected,  under  the  circumstances, 
that  he  will  give  the  time  and  attention  to  the  supervision  of 
the  public  schools  that  they  require.  The  duties  of  Ter- 
ritorial Comptroller  and  those  of  Superintendent  of  Schools 
are  distinct  and  separate,  wholly  unlike  in  their  nature, 
and  each  too  important  to  be  imposed  upon  the  same  per- 
son. I  urgently  recommend  the  separation  of  these  offices,  and 
suggest  the  wisdom  of  creating  a  Department  of  Public  In- 
struction, with  a  head  to  be  selected  wholly  with  reference  to 
fitness  for  the  position.  The  duties  of  the  position  should  be 
well  defined  by  law. 

I  also  recommend  a  change  in  the  plan  of,  county  super- 
vision. This  work  is  now  imposed  on  county  auditors,  and,  being 
unlike  their  other  duties,  is  performed  by  them  with  reluc- 
tance. This  officer  is  not  elected  with  reference  to  school  in- 
terests ;  his  other  duties  require  most  of  his  time,  and  it  is  not 
improbable  that  he  is  often  compelled  to  neglect  school  mat- 
ters. 

The  best  school  system  is  in  the  end  the  cheapest ;  and  if  we 
intend  to  elevate  our  public  schools  to  the  proper  standard,  im- 
portant changes  in  the  present  school  law  will  be  found  neces- 
sary,—  all  of  which  I  cannot  now  undertake  to  point  out. 

The  portion  of  the  public  lands  (the  16th  and  36th  sec- 
tions of  each  township)  set  apart  by  the  laws  of  Congress  for 
school  purposes,  are  not  available  until  the  Territory  is  admitted 
as  a  State.  I  would  therefore  suggest  the  propriety  of  peti- 
tioning Congress  for  a  donation  of  lands,  01  an  appropriation 
of  money,  to  be  immediately  available  for  school  purposes. 
The  duty  of  Congress,  to  make  provision  for  the  education  of 
the  youth  of  the  country,  is  but  partially  performed,  so  long 
as  the  assistance  freely  lavished  upon  the  rich  and  prosper- 
ous States  is  denied  to  the  weak  and  struggling  Territories. 


GOVERNOR'S  MESSAGE.  9 

Simple  justice  demands  that  help  be  given  to  all,  and  to 
all  alike.  Sooner  or  later  Congress  rnnst  recognize  this  fact, 
and  provide  the  assistance  so  much  needed. 

KR VISED   STATUTES AMENDMENTS,  ETC. 

You  are  informed  that  but.  68  copies  of  the  revised  laws 
of  this  Territory  are  now  left  in  the  hands  of  the  Secretary,  and 
most  of  these  will  doubtless  be  required  to  meet  the  demands 
of  the  Legislature,  and  public  officers,  before  the  next  meeting 
of  your  body.  A  revision  of  the  statutes  cannot  in  justice  to 
the  wants  of  the  people,  be  much,  if  any  longer  delayed. 
Many  of  the  most  important  statutes,  which  should  always  be 
compactly  codified,  are  scattered  through  the  volumes  of  ses- 
sion laws,  published  both  before  and  since  the  last  revision ; 
some  of  which  are  indexed  and  others  not ;  so  that  an  accurate 
knowledge  of  our  statute  law  has  become  very  difficult  if  not 
almost  impossible  to  obtain.  I  submit  these  facts  for  your 
consideration 

If  it  is  not  deemed  best  to  authorize  a  complete  revision  and 
codification  of  the  laws  at  this  time,  many  amendments,  modi- 
fications and  changes  of  existing  statutes  will  be  found  neces- 
sary in  order  to  eliminate  conflicting  provisions  of  different 
laws,  with  other  inconsistencies  and  ambiguities  of  an  inhar- 
monious nature.  Experience  and  observation  have  undoubt- 
edly suggested  most  of  these  defects  to  your  members,  and 
others  will  present  themselves  from  time  to  time. 

Special  attention  is  directed  to  the  imperfections  of  the 
election  laws,  as  respects  the  provisions  for  punishing  frauds 
upon  the  ballot  box;  all  kinds  af  frauds  are  not  made  punish- 
able. These  defects  should  be  remedied  by  the  adoption  of 
such  additional  clauses  as  will  most  effectually  prevent  the  per- 
petration of  any  sort  of  fraud  upon  the  ballot.  Every  guard 
having  the  sanction  of  experience,  should  be  thrown  around 
the  ballot  box,  so  that  it  may  never  contain  aught  else  than  an 
honest  expression  of  the  popular  will. 


10  GOVERNOR'S  MESSAGE. 

SUPREME  COURT  REPORTS. 

Your  attention  is  called  to  the  fact  that  no  volume  of  the 
decisions  of  our  Supreme  Court  has  as  yet  been  published,  ex- 
cept a  small  one,  containing  a  few  cases,  printed  in  1867.  This, 
however,  was  never  complete,  and  is  now  out  of  print.  For  a 
long  time  past  this  Territory  has  been  receiving  for  the  Terri- 
torial library  the  reports  of  many  of  the  States  and  Territories, 
and  has  given  nothing  in  exchange.  The  inferior  courts  of  the 
Territory  are  in  no  way  informed  of  the  decisions  of  the  Su- 
preme Court  and  cannot  be  governed  by  them.  In  view  of 
the  fact  that  no  private  firm  will  publish  such  a  volume  with- 
out Territorial  aid,  and  in  justice  to  the  States  and  Territories 
that  are  furnishing  their  reports,  and  to  the  wants  of  the  peo- 
ple, it  is  suggested  that  aid  be  given  to  insure  the  publication 
of  a  volume  containing  all  the  decisions  of  the  Supreme  Court 
from  its  organization  to  the  present  time,  by  taking  a  specified 
number  of  the  volumes  at  a  given  price,  to  be  distributed  in 
such  manner,  and  to  such  officers  as  yon  may  direct. 

ror.VTY    I'.orNDAKIES. 

The  boundary  between  Alturas  and  Lemhi  counties  is 
fixed  by  law  to  be  at  latitude  44  deg.  30  m.  Xorth,  an  imasr- 
inary  line  which  cannot  be  definitely  known  or  fixed  without 
an  astronomical  observation  or  survey.  The  settlement  of 
what  is  known  as  the  Yankee  Fork  country,  being  in  the  im- 
mediate proximity  of  that  line,  has  given  rise  to  questions  of 
jurisdiction  over  property  and  person  in  that  vicinity,  and  suits 
are  now  pending  in  which  those  questions  are  involved. 

There  is  also  a  question  as  to  the  boundary  between  Al- 
turas and  Oneida  counties,  south  of  Mud  Lake. 

These  questions  are  too  important  to  be  decided  upon  con- 
jectural or  uncertain  testimony,  and  I  recommend  such  legisla- 
tion as  will  define  those  boundaries,  either  by  fixing  them  with 
reference  to  natural  objects,  or  by  providing  for  such  surveys, 
or  observations  as  will  determine  their  location. 


GOVERNOR'S  MESSAGE.  11 

.JUDICIAL  AND  DISTRICT  ATTORNEY  DISTRICTS. 

Since  the  passage  of  the  act  creating  District  Attorney 
Districts,  several  new  counties  have  been  organized,  which  have 
not  heen  assigned  to  districts,  namely  :  Cassia,  Washington  and 
Lah  Toh  counties.  If  the  present  system  of  electing  prosecut- 
ing officers  by  districts  is  to  he  continued  in  force,  these  coun- 
ties should  now  be  assigned  to  districts. 

Your  attention  is  invited  to  the  fact  that  the  Judicial  and 
District  Attorney  Districts  are  not  identical  as  now  constituted. 
This  causes  great  inconvenience  and  embarrassment  in  many 
respects,  but  particularly  in  fixing  the  time  of  holding  Court 
in  the  different  counties,  so  as  to  accommodate  the  Judges, 
District  Attorneys  and  other  interested  parties.  The  counties 
composing  a  Judicial  District  should  also  constitute  a  District 
Attorney  District.  A  better  plan,  however,  would  be  to 
abolish  the  office  of  District  Attorney,  and  instead  provide  for 
the  election  of  a  prosecuting  officer  in  each  county.  It  is 
believed  such  a  change  would  be  more  efficient  than  the  present 
arrangement,  and  not  more  expensive,  the  County  Attorneys 
simply  raking  the  place  of  the  District  Attorneys  and  their 
I  'epnties.  This  change,  if  made,  should  not  go  into  effect  until 
two  years  hence,  so  that  no  injustice  may  be  done  the  officers 
chosen  at  the  last  general  election. 

MINING. 

The  discoveries  and  developments  of  the  past  two  years  have 
given  an  impetus  to  mining  enterprises,  which  places  all  that 
concerns  this  intei'est  among  the  subjects  of  first  importance. 
The  existence  of  valuable  deposits  of  the  precious  metals  was 
known  prior  to  the  organization  of  the  Territory,  but  the  re- 
moteness of  the  mining  regions  to  lines  of  travel,  and  the  iso- 
lated situation  of  the  country,  prevented  the  fact  from  becom- 
ing widely  known,  and  operated  to  keep  capital  from  coming 
to  the  aid  of  the  miner  and  prospector,  in  consequence  of  which, 
development  has  been  greatly  retarded. 

But   the   recent  discovery  of  rich  and  extensive  belts  of 


12  GOVERNOR'S  MESSAGE. 

mineral,  and  the  certain  advent  of  railroads,  have  had  the  ef- 
fect of  attracting  general  attention  to  the  mineral  resources  of 
Idaho.  Capital  and  operators  from  the  older  fields  of  enter- 
prise are  flowing  in  at  a  rate  that  could  not  have  been  foreseen 
a  few  months  ago. 

The  new,  rich  mining  districts  in  Alturas  and  Lemhi  conn- 
ties  will  be  the  first  to  be  benefited  by  this  changed  condition 
of  affairs,  because  of  their  accessibility,  and  nearness  to  the 
coming  railroads;  still,  the  impulse  and  life  thus  given  to  min- 
ing will  be  felt  in  every  district  in  the  Territory. 

In  promoting:  so  important  an  interest,  and  in  furthering 
the  work  of  discovery  and  development,  it  is  scarcely  needful 
to  say  that  nothing  should  be  left  undone  by  the  people,  or 
their  representatives,  that  will  give  encouragement  to  the  pros- 
pector searching  for  new  mines,  or  to  the  capitalist  seeking  in- 
vestment in  those  already  discovered.  The  general  mining 
laws  of  the  United  States,  and  the  decisions  of  the  Courts,  fix 
and  govern  the  rights  of  prospectors  arid  miners  a?  regards  ex- 
tent, dimension  of  claims,  and  settle  most  of  the  controversies 
likely  to  arise  between  adverse  claimants  ;  yet  it -is  left  to  Terri- 
torial Legislatures  to  form  or  amend  statutes  touching  the  subject, 
and  to  those  who  shape  and  control  local  customs  to  impose 
conditions  and  restrictions  in  the  matter  of  locating,  recording 
and  holding  of  claims,  which  may  sometimes  be  justly  com- 
plained of  as  unnecessary  and  burdensome.  All  legislation 
upon  this  subject  should  be  uniform  and  liberal,  keeping  con- 
stantly in  view  the  fact  that  whatever  is  done  to  encourage  this 
industry  will  have  a  powerful  influence  upon  the  general  pros- 
perity. 

RAILROADS. 

The  completion  of  the  Tcali  and  Northern  Railroad  through 
Eastern  Idaho  has  done  much  to  increase  population  and  hasten 
development  in  that  section.  From  a  business  point  of  view, 
the  road  has  been  a  decided  success.  Already  it  is  feared  the 
road  —  a  narrow  gauge  —  will  prove  inadequate  to  meet  the 


GOVERNOR'S  MESSAGE.  13 

rapidly  increasing  demands  of  travel  and  trade.  The  eminent 
success  of  the  enterprise,  with  other  pressing  considerations, 
no  doubt,  has  induced  the  projection  of  lines  to  and  through 
other  portions  of  the  Territory.  It  is  reported  that  the  build- 
ing of  a  line  of  railway  from  Ogden,  Utah,  to  Boise  City,  to 
connect  there  with  a  line  from  some  point  on  Puget  Sound  or 
Yaquina  Bay,  are  enterprises  now  well  under  way.  The  com- 
pletion of  these  lines,  with  branches  penetrating  to  every  por- 
tion of  the  Territory,  will  solve  the  problem  of  rapid  commu- 
nication and  easy  transportation,  not  only  among  ourselves, 
but  with  the  East  and  West,  insuring  the  speedy  settlement  of 
the  Territory  and  the  full  development  of  its  marvelous  re- 
sources. 

While  not  in  favor  of  granting  extraordinary  privileges  to 
railroads,  I  am  also  opposed  to  legislation  of  an  unfriendly 
character  ;  but  shall  favor  extending  every  proper  encourage- 
ment and  aid  toward  such  enterprises.  We  must  bind  our- 
selves to  the  rest  of  the  world  with  bands  of  iron,  or  remain 
comparatively  isolated  and  unknown. 

IMMIGRATION. 

Most  of  the  newer  States  and  Territories  have  in  opera- 
tion some  system  of  encouragement  to  immigration.  Although 
this  Territory  has  more  than  doubled  in  population  during  the 
past  decade,  all  the  elements  are  here  to  sustain  in  comfort  and 
prosperity  a  much  larger  number  of  people.  Our  fertile  val- 
leys and  plains,  watered  by  swift,  noble  streams,  our  boundless 
ranges  of  pasturage,  a  climate  not  elsewhere  surpassed,  the 
beauty  and  grandeur  of  the  natural  scenery,  and  the  vastness 
of  our  mineral  wealth  all  offer  unequaled  attractions.  Here, 
then,  are  the  features  and  resources  which  ought  to  insure  the 
speedy  settlement  in  our  midst  of  an  industrious,  intelligent 
people.  But  the  fact  is,  Idaho,  as  yet,  is  but  little  known,  and, 
unless  attention  is  directed  to  the  advantages  it  is  able  to  offer, 
the  growth  of  the  Territory  and  the  development  of  its  re- 
sources will  be  verv  slow. 


14  GOVERNOR'S  MESSAGE. 

The  last  Session  of  the  Legislature  adopted  a  joint  resolu- 
tion requesting  the  Hon.  E.  J.  Curtis,  of  Boise  City,  "  to  pre- 
pare a  reliable  history  and  correct,  statistical  record,  showing 
in  an  authentic  form  the  nature  and  extent  of  the  agricultural 
resources  and  productions  of  the  Territory,"  etc.,  etc.  This 
report,  when  prepared,  was  to  be  submitted  to  this  body  for 
such  use  or  disposition  as  you  might  see  proper.  No  appro- 
priation was  made  to  defray  the  expense  of  collecting  the  sta- 
tistics, and  no  compensation  provided  for  the  time  and  labor 
expended  in  the  work  by  Mr.  Curtis.  It  is  my  impression 
that  little,  if  anything,  has  been  done  by  him  towards  comply- 
ing with  this  request  of  the  Legislature.  Under  the  circum- 
stances it  is  hardly  reasonable  to  suppose  any  one  would  care 
to  undertake  the  important  task.  Such  a  work  is  greatly 
needed,  and  I  earnestly  hope  this  Legislature  may  provide  for 
the  compiling  of  a  report  similar  in  all  respects  to  the  one  con- 
templated by  the  Resolution  heretofore  mentioned.  In  addi- 
tion, I  suggest  the  appointment  of  a  Commissioner  of  Immigra- 
tion, whose  duty  it  should  be  to  employ  all  means,  proved  by 
experience  to  be  efficient,  to  induce  people  to  settle  in  the  Ter- 
ritory. It  may  be  objected  that  this  is  too  expensive  a  plan 
to  undertake  at  present,  but  I  ana  convinced  it  would  in  the 
end  produce  results  so  beneficial,  that  it  could  not  be  regarded 
as  other  than  an  economical  measure. 

INDIANS. 

During  the  past  two  years,  there  have  been  no  disturb- 
ances with  the  Indians,  and  the  people  have  enjoyed  unusual  se- 
curity of  life  and  property,  even  in  those  portions  of  the  Territo- 
ry heretofore  most  exposed  to  danger.  The  punishment  intiicted 
upon  the  Indians  during  the  JSTez  Perce  and  Bannock  wars  has 
caused  them  to  remain  upon  their  reservations.  Considerable 
progress  towards  civilization  has  been  made  among  them,  and 
many  in  the  Territory  now  make  their  living  by  pasturage  and 
farming.  The  wise  and  beneficent  policy  of  the  general  Gov- 
ernment, of  inducing  the  Indians  to  select  lands  in  severalty. 


GOVERNOR'S  MESSAGE.  15 

should  receive  the  support  of  all  who  believe  in  dealing  fairly 
and  honestly  with  them.  This  policy,  if  successful,  will  not 
only  prevent  cruel  and  disastrous  wars  with  the  Indians,  in  the 
future,  but  will  also  eventually  throw  open  to  cultivation  and 
settlement  some  of  the  richest  portions  of  the  public  domain, 
now  embraced  within  the  limits  of  Indian  reservations. 

Prior  to  the  time. when  the  reservation  in  the  Eastern  part 
of  Idaho  was  set  apart  for  the  Shoshone  and  Bannock  Indians, 
a  portion  of  the  land  selected  was  settled  upon  by  whites  who 
still  remain  within  the  boundaries  of  that  reservation.  In  or- 
der to  avoid  the  possibility  of  serious  trouble  over  this  matter, 
the  settlers  should  either  be  paid  for  their  improvements  and 
removed,  or  the  cession  by  the  Indians  of  that  portion  of  the 
reservation  should  be  obtained.  A  memorial  to  Congress, 
setting  out  the  facts,  would  no  doubt  be  the  proper  course  to 
pursue. 

RIGHTS  OF  MARRIED  WOMEN. 

A  bill  "to  establish  and  protect  the  rights  of  married  wo- 
men," will  be  presented  to  you  at  the  proper  time,  and  if  there 
beany  right  denied  woman  in  Idaho,  to  which  she  is  justly  en- 
titled. I  bespeak  for  this  measure  favorable  action  on  your  part. 
Our  neighbors  on  the  West  have  recently  adopted  a  measure 
similar  in  all  its  features  to  the  one  which  will  be  submitted 
for  your  consideration.  If  upon  examination  it  be  ascertained 
that  existing  statutes  do  not  protect  and  secure  married 
women  in  all  their  "  inalienable  rights,"  I  feel  certain  you  will 
"  right  the  wrong,"  and  place  Idaho  in  full  accord  with  the 
most  enlightened  public  sentiment  of  the  age  on  this  question. 

APPORTIONMENT. 

The  apportionment  for  members  of  this  Legislature  was 
made  under  authority  of  an  act  of  Congress  approved  June 
3rd,  1880.  If  the  present  assignment  of  the  members  of  the 
Council  and  House  of  Representatives  is  not  in  all  respects 
jnst  and  equitable  to  the  different  sections  of  the  Territory,  it 


16  GOVERNOR'S  MESSAGE. 

is  within  jour  power  to  reined}*  all  defects,  or  to  make  an  en- 
tirely new  apportionment,  if  deemed  best. 

POLYGAMY. 

In  1862  Congress  enacted  a  law  to  punish  and  prevent 
the  practice  of  polygamy  in  the  Territories.  That  act.  specially 
designed  to  break  up  the  practice  in  Utah,  was  made  applicable 
to  all  the  Territories,  but,  as  is  well  known,  it  has  not  proved 
effectual.  On  the  contrary,  the  evil  is  no  longer  confined  to 
Utah,  but  has  spread  into  the  adjoining  Territories.  Idaho 
has  not  escaped  its  blighting  presence.  Many  persons  in  this 
Territory  are  living  in  open,  undisguised  violation  of  the  anti- 
polygamy  law  of  Congress,  and  of  the  laws  of  Idaho  relating 
to  the  same  offense.  The  law  of  Congress  is  inoperative  for 
the  reason  that  these  plural  marriages  are  contracted  outside 
the  Territory,  invariably  in  some  Utah  temple  or  endowment 
house,  consequently  our  courts  have  no  jurisdiction  under  that 
act.  Our  statute  has  been  found  defective  as  a  means  of 
punishing  polygamists,  for  the  reason  that  it  is  necessary  under 
it  to  prove  the  ceremony.  This,  as  before  stated,  is  found 
to  be  impossible — the  ceremony  being  performed  in  a  secret 
manner,  and  all  who  witness  or  participate  bound  by  the  most 
dreadful  oaths  to  reveal  nothing  that  transpires.  There  is 
good  reason  to  believe,  that  among  other  objectionable  features 
of  this  most  unhallowed  oath  is  an  obligation  each  participant 
and  witness  assumes  to  testify  falsely  when  called  upon  to 
give  evidence  respecting  the  ceremony. 

In  my  opinion,  Idaho  is  in  danger  of  becoming  a  second 
edition  of  Utah,  and  as  there  is  nothing  which  could  affect  her 
interests  so  injuriously  as  the  domination  of  her  affairs  by  a 
licentious  priesthood,  I  earnestly  hope  you  may,  without  delay, 
adopt  measures  calculated  to  suppress  and  effectually  crush  out 
polygamy.  All  who  now  maintain,  and  all  who  may  hereafter 
enter  into  polygamous  relations,  should  be  dealt  with  severely 
and  rigorously.  I  also  favor  punishing  those  who  advise  per- 
sons to  commit  this  offense,  and  all  who  preach  the  so-called 


GOVERNOR'S  MESSAGE.  17 

doctrine.  The  people  of  this  Territory  who  have  not  surren- 
dered their  right  to  think  and  act  for  themselves  —  all  who 
abhor  and  detest  the  doctrine  that  the  practice  of  polygamy  is 
the  only  safe  means  of  salvation,  all  who  do  not  believe  in 
sinking  woman  to  the  level  of  the  beast,  but  who  demand  that 
her  present  exalted  position  in  society  be  forever  secured  to 
her,  all  who  do  not  believe  in  permitting  the  revival  in  our 
midst  of  the  most  indecent  and  disgusting  practice  of  barbar- 
ous ages,  and  all  who  do  believe  in  vindicating  the  law,  and 
in  protecting  and  preserving  our  free  institutions  from  the  en- 
croachments of  those  who  hate  and  defy  this  Nation, —  these, 
and  they  constitute  a  large  majority  of  the  people,  all  demand 
that  this  evil  be  no  longer  ignored,  but  that  it  be  completely 
and  effectually  uprooted.  Congress  should  be  memorialized  to 
amend  the  act  of  1862,  so  as  to  make  polygamous  cohabitation, 
after  marriage  in  another  Territory,  an  offense,  and  to  change 
the  rules  of  evidence  so  as  to  make  such  cohabitation  proof  of 
the  offense,  thus  giving  our  Courts  jurisdiction  under  that  act ; 
our  statute  relating  to  bigamy  should  be  similarly  amended, 
thus  giving  to  the  United  States  and  Territorial  Courts  co-or- 
dinate jurisdiction.  .  In  addition  laws  should  be  enacted  pro- 
viding severe  penalties  for  the  crime  of  lewd  and  lascivious  co- 
habitation, and  that  of  adultery.  These  measures  should  be  of 
a  general  character,  so  as  to  reach  all  who  commit  those  of- 
fenses. 

If  these  measures  are  deemed  insufficient  to  break  up  the 
practice  of  polygamy,  I  unhesitatingly  announce  myself  as  in 
favor  of  disfranchising,  and  disqualifying  for  office,  not  only 
those  who  practice,  but  all  who  confess  to  a  belief  in  the  per- 
nicious doctrine. 

Though  there  are  other  obnoxious  ideas  advanced  by  those 
who  preach  and  practice  polygamy,  I  do  not  now  care  to  dis- 
cuss them.  When  it  is  made  clear  to  those  who  favor  that 
doctrine,  that  its  practice  cannot  and  will  not  be  tolerated,  they 
will  also  be  impressed  with  the  fact  that  all  attempts  to  subvert 


18  GOVERNOR'S  MESSAGE. 

the  institutions  of  this  country,  and  in  their  place  establish  a 
Theocracy,  will  prove  as  futile. 

Having  directed  attention  to  this  evil,  I  must  admonish 
you  that  if  this  body  adjourns  without  adopting  measures  to 
eradicate  it,  the  people  will  regard  it  as  an  admission  of  inabil- 
ity, or  unwillingness,  to  cope  with  polygamy. 

i 

REPORTS. 

Herewith  I  have  the  honor  to  submit  the  biennial  Reports 
of  the  Treasurer,  Comptroller  and  Superintendent  of  Public 
Instruction. 

As  they  contain  detailed  statements  respecting  the  sub- 
jects to  which  they  pertain,  t lie  information  derived  from  them 
will  enable  you  to  legislate  intelligently  upon  such  questions. 

It  is  with  pleasure  I  express  my  obligations  to  these  offi- 
cers for  the  care  and  fidelity  with  which  they  have  discharged 
their  important  trusts. 

CONCLUSION. 

The  organic  act  limits  your  session  to  forty  days,  and  I, 
therefore,  wish  to  remind  you  that  there  is  sufficient  business 
of  importance  to  occupy  the  entire  time.  I  trust  the  error  into 
which  too  many  Legislative  bodies  fall,  of  deferring  action  on 
important  subjects  until  the  closing  days  of  .the  session,  may 
be  avoided  by  this. 

In  conclusion,  allow  me  to  express  the  hope  that  you  may 
be  governed  solely  by  a  desire  to  promote  the  best  interests  of 
the  Territory,  and  that  all  of  your  acts  may  be  of  a  character 
to  secure  the  approbation  of  those  whose  servants  you  are  — 
the  people. 

All  your  efforts  to  promote  the  welfare  and  advance  the 
interests  of  the  people  of  Idaho,  shall  have  my  earnest  co-oper- 
ation, uninfluenced,  I  trust,  by  any  motive  other  than  a  sin- 


GOVERNOR'S  MESSAGE.  19 

cere  desire  to  perform  my  duty  faithfully  —  in  a  manner  to 
satisfy  all  that  it  is  my  inflexible  purpose  to  discharge  the  trust 
confided  in  me  without  fear  or  favor. 

J.  B.  NEIL. 
EXECUTIVE  DEPARTMENT, 

BOISE  CITY,  Dec.  13th,  1880. 


A     000  050  096     7 


